Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration application - Dismissal of - Validity - Appeal was dismissed for default and the reason given by plaintiff appellant in the restoration application was that his counsel was busy in another court - Held, it was a sufficient reason which did not require any documentary evidence to be filed by plaintiff appellant..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration application - Dismissal of - Validity - Appeal was dismissed for default and the reason given by plaintiff appellant in the restoration application was that his wife was ill and on that date he had taken his wife to hospital for treatment - Court below has rejected the application for the reason that he has not..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Permissibility - Held, appellate Court may permit additional evidence inter alia on the ground that appellate Court requires additional evidence to enable it to pronounce judgment or for any other substantial cause...........
Motor Vehicles Act, 1988, Section 166, Civil Procedure Code, 1908, Order 41, Rule 27 -- Accident - Fake driving licence - Additional evidence - Official examined by insurer did not bring register although certificate issued by Licensing Authority was produced that licence had not been issued by said licensing authority and same is fake - Held, question of driving licence..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case - Appointment of commissioner - Powers of appellate Court - Exercise of - Held, it is well settled that the order of remand for re-trial can be done only in exceptional cases and if there is sufficient evidence before appellate court the court itself can decide the case as first appellate court is the last..........
Civil Procedure Code, 1908, Order 41, Rule 27 -..........
Civil Procedure Code, 1908, Order 41, Rule 3A, Limitation Act, 1963, Section 5 -- Appeal - Delay in filing - Condonation of delay - Power of appellate court - Held, there is no specific bar which restrains the appellate Court to hear and decide the appeal alongwith the application for condonation of delay - On the contrary provision is otherwise which puts bar on the..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 1 -- Recovery of arrears of rent - Suit land was given on a monthly rent of Rs. 10,215/- to appellant No.2 by respondent/ plaintiff - After obtaining possession of suit land and getting super structure raised, appellant No.2 has not paid any amount as rent to respondent/plaintiff as per agreement - Service of notice by..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- First appellate court - Judgment of - Duty of court - Held, Appeal Court, at first instance is expected to re-appreciate/reassess the evidence and apply its mind to facts of the case in light of arguments advanced by learned counsel for the parties - It is, therefore, necessary for appellate Court to frame points..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Suit for specific performance - Additional evidence - No explanation why certified copy of alleged agreement was not produced by plaintiff at appropriate stage of his evidence - Said agreement was well within knowledge of present plaintiff while plaintiff was leading his evidence - Held, only because defendant No.2 while..........
